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Washington, 1911 




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62d Congress, ) SENATE. \ Document 

1st Session. j 1 No. 28. 



TIMBER LEGISLATION-CANADA. 



Mr. Lodge presented the following 

LAWS ENACTED IN NOVA SCOTIA, ONTARIO, BRITISH COLUMBIA, 
QUEBEC, AND NEW BRUNSWICK, CANADA, RELATIVE TO SPRUCE 
AND OTHER PULP WOOD CUT ON CROWN LANDS. 



May 15, 1911.— Ordered to be printed. 



NOVA SCOTIA. 



Revised Statutes, 1900, cliapter 24, under the title of "The Crown 
Lands," provides as follows: 

Sec. 35. The governor in council may give a lease of Crown lands upon terms 
other than those provided in this chapter if the land proposed to be leased is of 
inferior quality and the person proposing to lease the same undertakes to spend 
money in the development of such land or in the erection of mills and machinery for 
the manufacture of pulp or other wood products. (1899, ch. 3, sec. 5.) 

Particular attention is called to section 36, which provides: 

Sec. 36. The governor in council may lease to any person, firm, or corporation the 
privilege of placing dams, sluices, or other works on any stream for the purpose of 
floating timber down such stream, and the amount to be paid for such right or privi- 
lege shall be fixed by the commissioner, subject to the approval and revision of the 
governor in council. (1899, ch. 3, sec. 6.) 

ONTARIO. 

[Statutes, 1900, ch. 11.] 

CHAPTER 11. 

An Act Respecting the manufacture of spruce and other pulp wood cut on the Crown domain. 
[Assented to Apr. 30, 1900.] 

Her Majesty, by and with the advice and consent of the Legislative Assembly of 
the Province of Ontario, enacts as follows: 

1. All sales of timber limits or berths by the commissioner of Crown lands which 
shall hereafter be made and which shall convey the right to cut and remove spruce 
or other soft wood, trees or tindjer, other than pine, suitable for manufacturing pulp 
or paper, and all licenses or permits to cut such timber on the limits and berths eo 
sold, and all agreements entered into or other authority conferred by the said com- 
missioner by virtue of which such timber may be cut upon lands of the Crown, shall 
be so made, issued or granted subject to the condition set out in the first regulation 
of Schedule A of this act. and it shall be sufficient if such condition be cited as "the 
manufacturing condition " in all notices, licenses, permits, agreements, or other writing. 

2. The regulations set out in Schedule A of this act are hereby approved and con- 
firmed and declared to be legal and valid to the same extent as if the said regulations 



2 TIMBER LEGISLATION CANADA. 

liad been enacted by the Legislature of Ontario, and the same shall apply to all 
licenses or permits hereafter issued, whether for the first time or in renewal of hcenses 
or permits lieretofore issued or granted. 

3. The lieutenant governor in council may. make any further or additional regula- 
tions necessary to enable the comadssioner of Crown lands to carry into effect the 
object and intent of the regulations contained in Schedule A. 

4. The permit to cut pulp wood now standing in the name of the North Shore Tim- 
l)er Co. (Ltd.), and any renewal thereof, shall be exempt from the provisions of this 
act and the regulations annexed hereto for a period of two years from 30th April, 
1900. 

5. Section 1 of this act shall come into force on the passing hereof, and the other 
parts ofjhis act shall come into force on the 29th day of April, 1900. 

^ Scliedule .1. 

1. Every license or permit conferring authority to cut spruce or other soft wood, 
trees or timber, not being pine, suitable for manufacturing pulp or paper, on the 
ungranted lands of the Crown, or to cut such timber reserved to the Crown on lands 
leased or otherwise disposed of by the Oown, which shall be issued on or after the 
30th day of April, 1900, shall contain and be subject to the condition that all such 
timber cut under the authority or permission of such license or permit shall, except 
as hereinafter })rovided, be manufactured in Canada, that is to say, into merchant- 
able pulp or paper, or irtto sa.wn lumber, woodenware, utensils, or other articles of 
commerce or merchandise as distinguished from the said spruce or other timber in 
its I'aw or unmanufactured state;^|and such condition shall be kept and observed by 
the holder or holders of any such license or permit wh<> sliall cut or cause to be cut 
spruce or other soft wood, trees, or timber, not being pine, suita))le for manufactur- 
ing i)ulp or paper, under the authority thei'eof, and by any other person or persons 
who shall cut or cause to be cut any of such wood, trees, or timber, under the 
authority thereof, and all such wood, trees, or timber cut into logs or lengths or 
otherwise, shall be maimfactured in Canada as aforesaid. It is hereby declared that 
the cutting of spruce or otlier soft wood, trees, or timber, not being pine, suitable 
for manufacturing pulp or paper, into cord wood or other lengths, is not manufac- 
turing the same within the meaning of this regulation. 

2. Should any holdei' of a timber license or i)ernnt, or any servant or agent of such 
bolder, or any person acting for him or under his authority or permission violate or 
refuse to keep and observe the condition mentioned in the preceding regulation, then 
and in such case the license or permit to cut spruce or other softwood, trees, or tim- 
ber, not being pine, on the berth, territory, lot or lots included in the license or per- 
mit, and on w'hich or on any part of which huch timber was cut, and in respect of 
which or any part of which there was a breach of such regulation or a refa^al to 
observe or keep the same, shall be susj^ended and held in abeyance, and shall not 
be reissued, nor shall a new license or ])ermit is-ue unless and until so directed l)y 
the lieutenant governor in council, and then only upon such terms and conditions 
as the lieutenant governor in council may impose. 

3. The commissioner of Crown lands, liis officers, servants, and agents may do all 
things necessary to prevent a 1)reach of the aforesaid condition or regulation and to 
secure compliance therewith, and may for such puri>ose take, seize, lioltl, and detain 
all logs, timber, or wood so cut as aforesaid, and which it is made to appear to the 
commissioner of Crown lands it is not the intention of the licensee, owner, or holder, 
or person in possession of to manufacture, or cause to l)e manufactured as aforesaid 
in Canada, or to dispose of to others who will have the same so manufactured in 
Canada, until security shall be given to Her Majesty satisfactory to the connuissioner 
that the said condition will be kept and observed, aufl that such logs, timljer, or 
wood will be manufactured in Canada as aforesaid, and in the event of the refusal 
on the part of the licensee, owner, or holder, or person in possession of such logs, 
timber, or wood to give such security within four weeks after notice of such 
seizure and demand of security l)y or on ])ehalf of the commissioner, then the com- 
missioner may sell or cause to be sold such logs, timber, or wood by public auction 
after due advertisement to some person or persons who will give such security to 
Her Majesty as the commissioner may require that .such logs, timber, or wood shall 
be manufactured in Canada. The proceeds of such logs, timber, or wood shall, after 
auch sale and after deducting all expenses of such seizure and sale and any sum due 
and owing to Her Majesty for or in respect of any timber dues, trespass dues, ground 
rent, or on account of the purchase of any timber or timber berths by the owner, 
licensee, or holder of a permit, or other person who has cut or caused to be cut such 
logs, timber, or wood, or who is the owner or holder of the same, be paid over to 
the person entitled to the same. 



TIMBER LEGISLATION CANADA. 6 

4. Provided, nevertheless, that nothing in the preceding regulations which requires 
spruce or other timher, not being pine, suitable for manufacturing pulp or paper, to 
be manufactured in Canada as aforesaid, shall apply to logs, timber, or wood cut and 
in use in Canada for fuel, building, or other purposes for which logs, timber, or wood 
in the unmanufactured state are or may be used. 

5. Provided, further, that these regulations shall not apply to the east half of the 
township of Aweres, in the District of Algoma, containing 18i square miles. 

6. The foregoing regulations shall not come into force unless and until they shall 
be approved by an act of the legislature. 

BRITISH COLUMBIA, 19U6. 

An Act Respecting the use and manufacture, within British Columbia, of timber cut on lands of the 

Crown. (Mar. 12, 1906.) 
*"^ 
Sec. 2. All timber cut on ungranted lands of the Crown, or on lands of the Crown 
which shall hereafter be granted, shall be used in this province, or be manufactured 
in this province into boards, deals, joists, lath, shingles, or other sawn lumber. 

QUEBEC. 

[Revised Statutes, 1909.] 

Sec. 1597. The minister of lands and forests or any officer or agent under him 
authorized for that purpose may grant licenses to cut timber on the ungranted lands 
of the Crown at such rates and subject to such conditions, regulations, and restric- 
tions as may from time to time be established by the lieutenant governor in council, 
and of which notice shall be given in the Quebec Official Gazette. 

Sec. 1553. With the exception of lands subject to the Quebec mining law, the 
lieutenant governor in council may from time to time fix the price per acre of public 
lands and the terms and conditions of sale and of settlement and payment. 

[Statutes of Quebec, 1 George V, 1910.] 

ExECCTivE Council Ch.^mbek, 

Qtiebrc,^6tli, April, 19J0: 
Present: The lieutenant governor in council. ,_.^;^,-- - "^^ ' ' 

On the recommendation of the honorable the minister of lands and forests, dated 
the 25th April instant, 1910, it is decreed, that order in council No. 291 of the 22d 
instant, and the regulations concerning woods and forests thereby sanctioned, pub- 
lished in the Quebec Official Gazette of the 23d April instant, are revoked, and the 
following regulations concerning licenses to cutjitnnber on Crown lands are approved. 
All previous regulations incompatible with the^present are annulled. 

GUSTAVE GrENIER, 

Clerk Executive Council. 



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Is, or/ 1 
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WOODS AND FORESTS REGl'LATIONS. 

Duties of licensees and limitation oftlieir rights. 

y 

13. All timber cut on Crown lands after the first of May, 1910, must be man 
tured in Canada — that is to say, converted into pulp or paper, deals or boards 
into any other article of trade or merchandise of which such timber is only the 
material. -^ 

The following shall not be considered as manufactured, within the meaning of the 
present regulation: Timber simply cut into lengths, piled', barked, or otherwise worked 
preliminary to the manufacture of pulp or paper, deals or boards, or any other article 
of commerce; nor waney nor board timber, nor timber in the form of poles; but 
timber completely squared and railway ties are considered as manufactured. 

A. Whenever, on satisfactory' information supported by affidavit the minister or 
his representatives have reason to believe that timber cut under license on public 
lands is not intended to be manufactured in Canada, wholly or in part, such timber 
may be seized and placed in charge of a guardian by any agent of the department. 

The minister or his representative shall give notice of the seizure to the interested 
parties, and require them to furnish two good and sufficient sureties that the timber 
seized shall be manufactured in Canada. If, within a delay of one month after such 
notice and demand, the sureties required are not furnished, the timber seized shall 
be sold by public auction after a notice of at least 15 days. The purchaser at such 



4 TIMBER LEGISLATION CANADA. 

sale must himself give good and sufficient security that the timber shall be manu- 
factured in Canada, and the proceeds of the sale shall l)e paid over to the proper 
person after deducting the costs of the seizure and sale and any sum due to the 
Crown by the license holder or by any other person who has cut or caused such 
timber to be cut or who is the owner or holder of the same. 

NEW BRUNSWICK. 

An Act Re.spcftiiig the manufattiue of spruce ami other pulp wood cut on Crown lands. 
[Passed Apr. 13, 1911.] 

Be it enacted by the lieutenant governor and legislative assemtjly, as follows: 

1. All sales of timber licenses by the surveyor general which shall hereafter be 
made and wliich shall convey the rigid to cut and remove spruce or other soft-wood 
trees or timber, other than pine and poplar, suitable for manufacturing pulp or paper, 
and all licenses or permits to cut such timber on the limits and berths so sold, and 
all claims entered into or other authority conferred by the said surveyor general, by 
virtue of which such timber may be cut upon lands of the Crown, shall be so made, 
issued, or granted, subject to the conditions set forth in the lirst regulation of Schedule 
A of this act, and it shall be sutlicient if such conditions be cited, as "the manu- 
facturing condition" in all such licenses, permits, agreement, or other writing. 

2. The regulations set out in Schedule A of this act are hereby apjiroved and con- 
firmed and declared to be legal and valid to all intents and purposes, and the same 
shall apply to all licenses or permits hereafter issued, whether for the first time or 
in renewal of licenses or pennits heretofore issued or granted. 

3. The lieutenant governor in council njay make any further or additional regula- 
tions necessary to enable the Surveyor General to carry into effect the object and 
intent of the regulations contained in Schedule A. 

4. No licensee of any timber license or permit shall hereafter sell, assign, or in 
any way transfer to any other jierson or company the interest of such licensee therein 
under such license, until such licensee shall have paid to the Province the sum of $4 
per scjuare mile. 

5. The lirst three sections of this act and the regulations thereby approved shall 
not come into force until the 1st day of October, A. D. 1911. 

Schedule A. 

1. Every timber licence or permit conferring authority to cut spruce or other soft- 
wood trees or tim1)er, not being ])ine or po})lar, suitable for manufacturing pulp or 
paper on the ungranted lands of the Crown, shall contain and be subject to the con- 
dition that all such tind)er cut under the authority or permission of such license or 
]iermit shall be manufactured in Canada, that is to sav, into merchantable pulp and 
paj)er, or into sawn lumber, wooden\\are, utensils, or other articles of commerce or 
merchandise as (^stinguished from the said sjiiaice or other timber in its raw or man- 
ufactured state;*5,nd sucli condition shall be kept and observed by the holder or 
holders of any such timber licenses or i)ermits, who shall cut or cau.se to be cut spruce 
or other soft-wood trees or timber, not being pine or poplar, suitable for manufactur- 
ing pulp or paper under the authority thereof, and by any other person or persons 
who shall cut or cause to be cut any of such wood trees or timber under the author- 
ity thereof, and all such wood trees or tim))er cut into logs or lengths or otherwise 
stiall l)e manufactui'ed in Canada as aforesaid.^ It is hereby declared that the cutting 
of sjtruce or other soft-wood trees or timber, not being pine or poplar, suitable for 
manufacturing pulp or paper, into cord wood or other lengths, is not manufacturing 
same within the meaning of this regulation. 

2. Should any holder of a timber license or permit, or any servant or agent of 
such holder, or any persim acting for him or under his authority or permission, 
violate or refuse to keep and observe the condition nanjed in the preceding regula- 
tion, then, and in such case, the license or permit to cut spruce or other soft-wood 
trees or timber, not being pine or poplar, on the limit or berth, territory, lot or lots 
included in the license or permit, and on which, or on any jjart of which, there was 
a bre:tch of such regulation or a refusal to observe or keep the same, shall be sus- 
pended and held in abeyance and shall not be reissued nor shall anew license or 
permit issue unless and until so directed by the lieutenant governor in council, and 
then only upon such terms and conditions as the lieutenant governor in council 
may impose. 

3. The surveyor general, his officers, servants, and agents, may do all things 
necessary to i)revent a breach of the aforesaid condition and to secure compliance 



TIMBER LEGISLATION — CANADA. 5 

therewith, and may for such purpose take, seize, hold, and detain all logs, timber, 
or wood so cut as aforesaid and which it is made to appear to the surveyor general 
it is not the intention of the licensee, owner, or holder, or person in possession of to 
manufacture or cause to be manufactured as aforesaid in Canada, or to dispose of to 
others who will have the same so manufactured in Canada, until security shall be 
given to His Majesty, satisfactory to the surveyor general, that the said condition 
will be kept and observed and that such logs, timber, or wood will be manufactured 
in Canada as aforesaid, and in the event of the refusal on the part of the licensee, 
owner, or holder, or person in possession of such logs, timber, or wood to give secu- 
rity within four weeks after notice of such seizure and demand of security by or on 
behalf of the surveyor general, then the surveyor general may sell or cause to be 
sold such logs, timber, or wood by public auction, after due advertisement, to some 
person or persons who will give such security to His Majesty as the surveyor general 
may require that such logs, timber, or wood shall be manufactured in Canada. The 
proceeds of such logs, timber, or wood shall, after such sale and after deducting all 
expenses of such seizure and sale and any sum due and owing to His Majesty for or 
in respect of an)^ timber dues, trespass dues, ground rent, or on account of the pur- 
chase of any timber or timber berths by the owner, licensee, or holder of a permit, 
or other person who has cut or caused to be cut such logs, timber, or wood, or who 
is the owner or holder of the same, to be paid over to the person entitled to the same. 

4. Provided, nevertheless, that nothing in the preceding regulations which I'equires 
spruce or other timber, not being pine or poplar, suitable for manufacturing pulp or 
paper to be manufactured in Canada as aforesaid, shall apply to logs, timber, or wood 
cut and in use in Canada for fuel, building, or other purposes for which logs, timber, 
or wood in the unmanufactured state are or may be used. 

5. After seizure the burden of proving that the timber is to be manufactured in 
Canada shall be on the owners of such timber. 

_ 6. Where the timber to be seized is mixed up with other timber the whole of the 
timber may be attached and dealt with accordingly until satisfactorily separated. 



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